Specs-Savers Online Terms and Conditions of Purchase (“Terms and Conditions of Purchase”)

(Last updated on 01 September 2014)

Welcome to the Spec-Savers website. By using this website for any purpose you agree to be bound by the Terms and Conditions of Purchase as set out below. Please read them carefully.

  • Spec-Savers terms and conditions of purchase

    1. These Terms and Conditions of Purchase are applicable to any purchases made online at www.specsavers.co.za (the “website").
    2. By placing orders through this website you are offering to contract with Spec-Savers for the supply of healthcare products including, but not limited to, prescription glasses, sunglasses, accessories and related products (also described in these terms and conditions as "goods" or "products"). Full details of the party with whom you are contracting will appear in the confirmation of receipt of your order.
    3. These Terms and Conditions of Purchase, in combination with the order form, constitute the entire agreement between us.

  • Conditions of sale

    1. To purchase any prescription eyewear you warrant and undertake that –
      1. you are over the age of 18 years;
      2. you are not ordering prescription eyewear for persons under the age of 18 years of age except where you are the parent or legal guardian of that person;
      3. your prescription details supplied to Spec-Savers are less than 2 years old and have been given to you by a registered medical practitioner or registered optometrist;
      4. your prescription details supplied to Spec-Savers are true and correct.
    2. Spec-Savers reserves the right to request any details reasonably required to confirm that you are eligible to order the products you wish to acquire.
    3. No transaction will be processed if a script is older than two years unless proof is supplied that the script is still accurate.
    4. Our acceptance of your order (offer) constitutes a legally binding contract between us on the terms and conditions contained herein.

  • The ordering process

    1. The display of any items or promotions on this website shall be construed as an advertisement and not as an offer.
    2. You will be making an offer to buy, which is subject to these terms and conditions, when you complete the on-line order form. If your offer is accepted by us this will result in a binding contract between you and us (“the Agreement”). An offer, order form or message is deemed to be received by us only once we have confirmed we have received it, or responded thereto, whichever is the earlier.
    3. Upon receiving an order, we will send you an email acknowledging that we have received your order and confirming the details of your order and your order reference number.
    4. Your offer to purchase a product is accepted by Spec-Savers when your prescription has been verified and you have received an e-mail confirmation that the goods have been dispatched. The Agreement will relate only to those products whose dispatch we have confirmed in the email confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate email confirmation.
    5. Spec-Savers may not be bound by it’s acceptance of your offer if there is an error in any advertisement or representation made by Spec-Savers or is associated with it, including, but not limited to, any pricing error on the website. In such an event, we will inform you as soon as possible after receiving your order and give you the option to cancel your order. In addition, Spec-Savers at its sole discretion, reserves the right to reject any offer to purchase without notice or justification. In the event of any such rejection compensation will be limited to a full refund of monies paid.
    6. You cannot cancel an offer to purchase once such offer to purchase has been presented to Spec-Savers.
    7. Payment will be processed after receipt of your order but prior to dispatch.

  • Limitations of Supply

    1. Spec-Savers shall make every effort to ensure that all orders are fulfilled, however we cannot guarantee the availability of products. If the products that you have ordered are unavailable, Spec-Savers will contact you and give you the choice of a replacement or refund. If Spec-Savers receives no response from you, Spec-Savers may, at its absolute discretion, provide replacement products of an equivalent quality and/or specification, or cancel the order and provide a refund (see our Exchange Policy).

  • Payment

    1. All payments must be in the legal currency of the Republic of South Africa;
    2. Payment will be processed after receipt of your order but prior to dispatch.
    3. All prices are inclusive of Value Added Tax (if applicable) but exclude delivery charges.
    4. The price of any product will be as quoted except in cases of obvious error.
    5. Prices are liable to change at any time, but changes will not affect  for which we have already sent you an email confirmation.
    6. Spec-Savers accepts credit or debit card payments. Credit/debit card details will be encrypted to minimize the risk of unauthorised access or disclosure.

  • Prescription eyewear customers

    1. Which includes spectacle frames suitable to fit lenses to correct errors of refraction and such suitable lenses.

    2. By placing an order you are confirming that
      1. You have a valid current spectacle prescription issued by a registered optician, optometrist or ophthalmic medical practitioner for the glasses which you are ordering;
      2. The data you provide to Spec-Savers concerning the condition of your eyes corresponds to the data found on your current prescription;
      3. You consent to us contacting your optician, optometrist or ophthalmic medical practitioner to verify your prescription, and that if the verified details do not match those provided by you, we will be unable to complete the sale to you until you undergo an eye test with an optometrist or ophthalmic medical practitioner. If, for any reason, you do not wish to undergo an eye test, you may cancel the order. 

  • Delivery of goods

    1. Spec-Savers aims to dispatch all products within 7 days of the date of your order, subject to the availability of products and, where necessary, the validation of your prescription.
    2. The Electronic Communications and Transactions Act, 2002, requires that a supplier must execute an order within 30 days of the day on which the supplier received the order and Spec-Savers will do it’s utmost to adhere to this provision.

  • Right of Cancellation (Cooling-off Period)

    1. Section 44 of the Electronic Communications and Transactions Act, 2002 allows a customer to cancel any transaction without any penalty within seven days of receipt of goods.
    2. Section 44 does not apply to any electronic transaction where the goods –
      1. are made to the customer’s specifications;
      2. are clearly personalised;
      3. by reason of their nature cannot be returned.
    3. Section 44 is therefore not applicable to prescription eyewear which has been specifically ordered to a customer’s specifications. Spec-Savers’ Exchange Policy will, however, still apply.
    4. To cancel the Agreement you must contact us to request a return reference and the relevant return address.
    5. You have a legal obligation to take reasonable care of the products while they are in your possession. Between the date of your election to cancel and the date the product is returned to Spec-Savers, you shall bear all risk in keeping the products safe, secure and free from loss or damage.

  • Passing of Ownership

    1. Title in the products shall pass when the products are delivered to the delivery address set out in your order, provided that Spec-Savers has received payment in full for the products.
    2. Spec-Savers will accordingly remain the owner of any products delivered to you until the moment at which the purchase price has been paid in full, and no right of cancellation remains available to you.

  • Inspection

    1. Upon delivery of the products you must inspect them carefully. If any of the products do not match the description or appear to be damaged or missing, do not use the products or any items accompanying the goods and please contact us at online@specsavers.co.za.

  • Liability

    1. Any liability of Spec-Savers (whether in contract, delict or otherwise) resulting from the delivery of defective products or late delivery of products will be limited to direct foreseen damages up to the amount of the price paid for the items concerned. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
    2. Liability for indirect damages or consequential loss, however it arises, is excluded to the extent permitted by law.
    3. In no circumstances will we be liable to you for any loss of profits or contracts, loss of income or revenue, loss of goodwill, loss of anticipated savings, loss of data or for any business interruption however it may have arisen.
    4. Without prejudice to the provisions set out above, Spec-Savers will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you, or your improper use of the products delivered to you.

  • Force Majeure

    1. Neither Spec-Savers nor you will be obliged to fulfil any contractual obligation if either of us is prevented from so doing due to a circumstance outside of our respective control including, but not limited to, postal strikes, electrical failure, transport interruption, strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government etc. ("Force Majeure"). For the purposes of any Agreement and in addition to the above definition and any cases implied by law, Force Majeure will be defined as any and all external causes, whether foreseen or unforeseen, which are beyond Spec-Savers’ control, but as a consequence of which Spec-Savers is unable to fulfil its obligations.
    2. While a Force Majeure continues to operate, Spec-Savers and you may suspend their respective obligations under any Agreement. If this period of suspension lasts over 2 months, either party will be entitled to treat any order accepted by Spec-Savers as terminated without further obligation to the other.
    3. If Spec-Savers has already fulfilled its obligations under any Agreement in part? when the Force Majeure occurs, Spec-Savers will be entitled to charge you for that fulfilled part.
    4. Once a Force Majeure is operating, if you have paid for a product yet to be dispatched to you, Spec-Savers shall return to you the amount paid.

  • Warranty

    1. All sunglasses and prescription frames are warranted for 1 year from the date of purchase against manufacturers’ defects. Manufacturers’ defects include: structural design, hinges, welding points and colourings but specifically excludes, amongst others, intentional misuse causing frame damage, scratching or tarnish, destruction by stepping/ sitting on the frame.
    2. Frames which are considered to be defective will be replaced with a new pair, so long as the frame is still being manufactured. In cases where the frame is listed as discontinued (or no longer manufactured) the frame will be replaced with another colour or different model of equal or lesser value. Please be advised that all shipping charges are the sole responsibility of the customer (you)
    3. Lenses: Spec-Savers warrants a one year warranty against breakage on polycarbonate and trivex lenses only.
    4. To determine whether your frame or lenses fall within the guidelines of a manufacturer’s defect, please contact the returns department by emailing us at online@specsavers.co.za.

  • Exchange Policy

    1. Please click here to read our exchange policy

  • Changes to the Terms and Conditions of Purchase

    1. Spec-Savers reserves the right to amend these Terms and Conditions of Purchase from time to time to reflect changes in market conditions affecting its business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
    2. You will be subject to the Terms and Conditions of Purchase in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the email confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).

  • Severability

    1. If at any time any term or provision of these Terms and Conditions of Purchase or the application thereof to any person or circumstance shall to any extent be or become illegal, invalid or unenforceable, the remainder of these Terms and Conditions of Purchase, or the application of such term of provision to persons or circumstances other than those as to which it is already illegal, invalid or unenforceable, shall not be affected or impaired thereby.

  • Whole Agreement

    1. This Terms and Conditions of Purchase constitutes the whole agreement between the parties relating to the subject matter hereof.
    2. To the extent permissible by law no party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

  • Applicable Law

    1. These Terms and Conditions of Purchase shall be construed and interpreted in accordance with the laws applicable in the Republic of South Africa.
    2. The parties agree that any legal action or proceedings arising out of or in connection with these Terms and Conditions of Purchase may be brought in the High Court of South Africa (or any successor to that court) and irrevocably submits to the non-exclusive jurisdiction of such court.